The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for damage to his phrenic nerve resulting from surgery performed in May 1998. The Board has ordered additional development due to a lack of all pertinent records and to determine if VA's failure to exercise reasonable care caused the veteran's additional disability.
The deciding factor: The case requires further investigation into whether VA's failure to exercise reasonable care caused the veteran's phrenic nerve damage resulting from surgery in May 1998.
- Claimed conditions
- phrenic nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2008
- Citation
- 0828692
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0828692.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the veteran's phrenic nerve damage was not caused by VA fault or an unforeseeable event, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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